Martial Law Military Government And The Writ Of Habeas Corpus In Hawaii

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Bayonets in Paradise

Author : Harry N. Scheiber
Publisher : University of Hawaii Press
ISBN 13 : 0824852893
Total Pages : 513 pages
Book Rating : 4.8/5 (248 download)

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Book Synopsis Bayonets in Paradise by : Harry N. Scheiber

Download or read book Bayonets in Paradise written by Harry N. Scheiber and published by University of Hawaii Press. This book was released on 2016-02-29 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected as a 2017 CHOICE Outstanding Academic Title Bayonets in Paradise recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaii's laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians—citizens and alien residents alike—to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii's large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated. In marked contrast to the well-known policy of the mass removals on the West Coast, however, Hawaii's policy was one of "selective," albeit preventive, detention. Army rule in Hawaii lasted until late 1944—making it the longest period in which an American civilian population has ever been governed under martial law. The army brass invoked the imperatives of security and "military necessity" to perpetuate its regime of censorship, curfews, forced work assignments, and arbitrary "justice" in the military courts. Broadly accepted at first, these policies led in time to dramatic clashes over the wisdom and constitutionality of martial law, involving the president, his top Cabinet officials, and the military. The authors also provide a rich analysis of the legal challenges to martial law that culminated in Duncan v. Kahanamoku, a remarkable case in which the U.S. Supreme Court finally heard argument on the martial law regime—and ruled in 1946 that provost court justice and the military's usurpation of the civilian government had been illegal. Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaii in the larger context of America's ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.

Military Tribunals and Presidential Power

Author : Louis Fisher
Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Military Tribunals and Presidential Power by : Louis Fisher

Download or read book Military Tribunals and Presidential Power written by Louis Fisher and published by . This book was released on 2005 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.

The Law of Emergency Powers

Author : Abhishek Singhvi
Publisher : Springer Nature
ISBN 13 : 9811529973
Total Pages : 336 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis The Law of Emergency Powers by : Abhishek Singhvi

Download or read book The Law of Emergency Powers written by Abhishek Singhvi and published by Springer Nature. This book was released on 2020-10-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

The Power of Habeas Corpus in America

Author : Anthony Gregory
Publisher : Cambridge University Press
ISBN 13 : 1107036437
Total Pages : 433 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Power of Habeas Corpus in America by : Anthony Gregory

Download or read book The Power of Habeas Corpus in America written by Anthony Gregory and published by Cambridge University Press. This book was released on 2013-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells the story of habeas corpus from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas's historical controversies - addressing the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror.

Constitutional Dictatorship

Author : Clinton Rossiter
Publisher : Routledge
ISBN 13 : 1351526391
Total Pages : 343 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Constitutional Dictatorship by : Clinton Rossiter

Download or read book Constitutional Dictatorship written by Clinton Rossiter and published by Routledge. This book was released on 2017-07-05 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should the United States be governed during times of crisis? Definitely not as we are in times of tranquility, asserts this classic study. The war on terrorism is a case in point. The horrors of terror attacks on the United States have forced Americans to accept legislative changes that might be unthinkable at other times. The "inescapable truth," Clinton Rossiter wrote in his classic study of modern democracies in crisis, is that "No form of government can survive that excludes dictatorship when the life of the nation is at stake."

All the Laws but One

Author : William H. Rehnquist
Publisher : Vintage
ISBN 13 : 0307424693
Total Pages : 289 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis All the Laws but One by : William H. Rehnquist

Download or read book All the Laws but One written by William H. Rehnquist and published by Vintage. This book was released on 2007-12-18 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: William H. Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. "A highly original account of the proper role of the Supreme Court, a role that makes most sense in times of war, but that has its attractions whenever the Court is embroiled in great social controversies." --The New Republic Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.

Habeas Corpus: A Very Short Introduction

Author : Amanda L. Tyler
Publisher : Oxford University Press
ISBN 13 : 0190919000
Total Pages : 160 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Habeas Corpus: A Very Short Introduction by : Amanda L. Tyler

Download or read book Habeas Corpus: A Very Short Introduction written by Amanda L. Tyler and published by Oxford University Press. This book was released on 2020-12-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholar Amanda L. Tyler discusses the history and future of habeas corpus in America and around the world. The concept of habeas corpus--literally, to receive and hold the body--empowers courts to protect the right of prisoners to know the basis on which they are being held by the government and grant prisoners their freedom when they are held unlawfully. It is no wonder that habeas corpus has long been considered essential to freedom. For nearly eight hundred years, the writ of habeas corpus has limited the executive in the Anglo-American legal tradition from imprisoning citizens and subjects with impunity. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone declared the writ a "bulwark" of personal liberty. Across the Atlantic, in the leadup to the American Revolution, the Continental Congress declared that the habeas privilege and the right to trial by jury were among the most important rights in a free society. This Very Short Introduction chronicles the storied writ of habeas corpus and how its common law and statutory origins spread from England throughout the British Empire and beyond, witnessing its use today around the world in nations as varied as Canada, Israel, India, and South Korea. Beginning with the English origins of the writ, the book traces its historical development both as a part of the common law and as a parliamentary creation born out of the English Habeas Corpus Act of 1679, a statute that so dramatically limited the executive's power to detain that Blackstone called it no less than a "second Magna Carta." The book then takes the story forward to explore how the writ has functioned in the centuries since, including its controversial suspension by President Abraham Lincoln during the Civil War. It also analyzes the major role habeas corpus has played in such issues as the World War II incarceration of Japanese Americans and the US Supreme Court's recognition during the War on Terror of the concept of a "citizen enemy combatant." Looking ahead the story told in these pages reveals the immense challenges that the habeas privilege faces today and suggests that in confronting them, we would do well to remember how the habeas privilege brought even the king of England to his knees before the law.

The International Law of Human Rights and States of Exception

Author : Anna-Lena Svensson-McCarthy
Publisher : BRILL
ISBN 13 : 9004479317
Total Pages : 808 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The International Law of Human Rights and States of Exception by : Anna-Lena Svensson-McCarthy

Download or read book The International Law of Human Rights and States of Exception written by Anna-Lena Svensson-McCarthy and published by BRILL. This book was released on 2021-09-27 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.

Military Law Review

Author : United States. Department of the Army
Publisher :
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Military Law Review by : United States. Department of the Army

Download or read book Military Law Review written by United States. Department of the Army and published by . This book was released on 1975 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Acquisition of Property for War Purposes

Author : United States. Department of Justice. Lands Division
Publisher :
ISBN 13 :
Total Pages : 210 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Acquisition of Property for War Purposes by : United States. Department of Justice. Lands Division

Download or read book Acquisition of Property for War Purposes written by United States. Department of Justice. Lands Division and published by . This book was released on 1944 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Japanese American Incarceration

Author : Stephanie D. Hinnershitz
Publisher : University of Pennsylvania Press
ISBN 13 : 0812299957
Total Pages : 321 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Japanese American Incarceration by : Stephanie D. Hinnershitz

Download or read book Japanese American Incarceration written by Stephanie D. Hinnershitz and published by University of Pennsylvania Press. This book was released on 2021-10-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1942 and 1945, the U.S. government wrongfully imprisoned thousands of Japanese American citizens and profited from their labor. Japanese American Incarceration recasts the forced removal and incarceration of approximately 120,000 Japanese Americans during World War II as a history of prison labor and exploitation. Following Franklin Roosevelt's 1942 Executive Order 9066, which called for the exclusion of potentially dangerous groups from military zones along the West Coast, the federal government placed Japanese Americans in makeshift prisons throughout the country. In addition to working on day-to-day operations of the camps, Japanese Americans were coerced into harvesting crops, digging irrigation ditches, paving roads, and building barracks for little to no compensation and often at the behest of privately run businesses—all in the name of national security. How did the U.S. government use incarceration to address labor demands during World War II, and how did imprisoned Japanese Americans respond to the stripping of not only their civil rights, but their labor rights as well? Using a variety of archives and collected oral histories, Japanese American Incarceration uncovers the startling answers to these questions. Stephanie Hinnershitz's timely study connects the government's exploitation of imprisoned Japanese Americans to the history of prison labor in the United States.

Hawaii's War Years

Author : Gwenfread Allen
Publisher : University of Hawaii Press
ISBN 13 : 0824885015
Total Pages : 433 pages
Book Rating : 4.8/5 (248 download)

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Book Synopsis Hawaii's War Years by : Gwenfread Allen

Download or read book Hawaii's War Years written by Gwenfread Allen and published by University of Hawaii Press. This book was released on 2021-05-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: When war struck December 7, 1941, the people of Hawaii were not unprepared. Within minutes after bombs fell on Pearl Harbor, a well-rehearsed disaster relief plan went into full operation. Thousands of volunteers of all ages and races toiled selflessly to bring order out of chaos. Even before the pall of smoke had died away, air raid trenches had begun to crisscross lawns. By nightfall, windows were blacked out, curfew stilled the darkness, and citizen-soldiers stood girded for a last-ditch fight. During the following tension-ridden days, the entire populace was fingerprinted and inoculated; gas masks were issued and evacuation kits prepared. Barbed wire entanglements, taped windows, sandbag barricades, camouflaged buildings, gas alarms—everywhere were constant, grim reminders of total war. No other American community felt the tensions and shapeless fears the Islands knew during those first months after Pearl Harbor. And, as the Pacific war progressed, no other American community felt its impact so much as Hawaii. Headquarters area, training, staging, and supply area, repair base—Hawaii served as the springboard of the Pacific offensive. Hordes of troops and war workers deluged the Islands; land and buildings were taken over by the armed forces. Controls of every type plagued businesses and individuals. No phase of Island living was left untouched by the war. Hawaii's War Years, 1941–1945, the official history of Hawaii's dramatic part in World War II, is a comprehensive, unbiased account based on material collected over a six-year period by the Hawaii War Records Depository. Written by an Island newspaperwoman with the proper perspective for a subject of such scope, the book does not attempt to render judgments. It is primarily a book of record, a straightforward presentation of facts.

Bayonets in Paradise

Author : Harry N. Scheiber
Publisher : University of Hawaii Press
ISBN 13 : 0824852885
Total Pages : 513 pages
Book Rating : 4.8/5 (248 download)

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Book Synopsis Bayonets in Paradise by : Harry N. Scheiber

Summaries of Leading Cases on the Constitution

Author : Paul C. Bartholomew
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 146164271X
Total Pages : 560 pages
Book Rating : 4.4/5 (616 download)

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Book Synopsis Summaries of Leading Cases on the Constitution by : Paul C. Bartholomew

Download or read book Summaries of Leading Cases on the Constitution written by Paul C. Bartholomew and published by Rowman & Littlefield Publishers. This book was released on 2000-02-09 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative text and reference work is based upon landmark cases decided by the Supreme Court and still prevailing. Widely adopted and recommended for courses and research in American history, constitutional law, government, and political science. Clear, concise summaries of the most frequently cited cases since the establishment of the U.S. Supreme Court; each summary gives the question at issue, the decision and the reason behind it, votes of the justices, pertinent corollary cases, and notes offering further information on the subject; detailed explanation of the organization and functions of the Supreme Court; a complete text of the Constitution of the United States; a complete index of all cases cited; listings of all the chief justices and associate justices, the dates of their service, and president who appointed them, their state of origin, and their birth and death dates.

ABA Journal

Author :
Publisher :
ISBN 13 :
Total Pages : 70 pages
Book Rating : 4./5 ( download)

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Book Synopsis ABA Journal by :

Download or read book ABA Journal written by and published by . This book was released on 1951-12 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

Congressional Record

Author : United States. Congress
Publisher :
ISBN 13 :
Total Pages : 1436 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Congressional Record by : United States. Congress

Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1971 with total page 1436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

The Supreme Court and the Commander in Chief

Author : Clinton Rossiter
Publisher : Cornell University Press
ISBN 13 : 1501743155
Total Pages : 259 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis The Supreme Court and the Commander in Chief by : Clinton Rossiter

Download or read book The Supreme Court and the Commander in Chief written by Clinton Rossiter and published by Cornell University Press. This book was released on 2019-06-30 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise treatment of presidential power by a brilliant writer is once again made available with the reissue of this book, first published in 1951. The book is brought superbly up to date by one of Rossiter's former students, Richard P. Longaker. New material covers vital events of the past twenty-five years, including the steel seizure and the dispatch of troops to Korea under Truman, civil disturbances and the Gulf of Tonkin episode under Johnson, the Pentagon Papers case, and the confrontation between Nixon and the Supreme Court.